Can My Ex Change My Non-Biological Son's Name Without My Permission
This is a confusing one. I was married to my ex for 14 years we had 4 children during the marriage, last year I found out that my 2 year old son wasn't my biological son. My wife was having an affair. She left with the two youngest kids 2 yr old boy and my 5 yr old girl and moved out of state. She went to live with the biological father of my son. I started the divorce and custody proceedings for all the children here in New Mexico. When we were just about to go into trial my ex decided to comeback to New Mexico and we would try and work things out. I started the adoption process of my 2 yrold son and my wife got pregnant and everything was going good for 2-3 months. Then i noticed that the adoption process all of a sudden wasn't that important to her and i found out the baby she was carrying wasn't mine, when she came back she was pregnant, she was lying to me and the doctors, but the ultrasound told the true birth date. So I filed the divorce immediately in the divorce we were both given joint legal custody of all 4 kids. My 3 biological girls are to live with me and my non biological son was to live with my wife in Mesa, Az. I don't pay child support because i have 3 of the kids and she doesn't pay me. We were supposed to have the kids visit each other every month and we were supposed to have them each for three weeks in the summer at our own residence. She hasn't allowed me to talk to my son or see him since they left new mexico 3 months ago. She has not followed the court order. She states that she doesn't have to since he is my biological son. We did have a paternity test and he isn't my biological son. She has told me that she is going to have me removed from the birth certificate and change his name without my consent. Can this be done in the state of AZ were she live or in NV were he was born? I thought that i would have to give consent or at least be notified. She claims that they are getting married and that this will keep me from seeing my son. At this time do to lack of money I cant afford to get an attorney so ive been filing the motions to show cause and enforce the parenting plan put in place by the courts of sandoval county in new mexico. We have a hearing on 9/25 for the matter to be heard of enforcing the parenting plan and show cause. I just dont know if i can find out info about my son to see if she has filed any papers in NV or AZ for free?
Re: Can My Ex Change My Non Biological Sons Name Without My Permission
I don't know if you included it or not but:
are you the legal father of the child or has your paternity been disestablished. Has the other father been adjudicated to be the father?
Re: Can My Ex Change My Non-Biological Son's Name Without My Permission
yes i am the legal father. He was born during our marriage and I raised him for 2 years before I found out he wasnt my son. I was shown a paternity test that the other man took. Nothing has been turned into the courts as far as proving he is the father, but from what i have seen and know Im 99% sure he is the father, so no his biological father has not been adjudicated.
Re: Can My Ex Change My Non-Biological Son's Name Without My Permission
as it stands, the name change should not be able to take place without your knowledge. In most situations, a name change is only granted in contrast to the other parents wishes when it can be shown that changing the name would be beneficial to the child.
I say should because it is not supposed to happen that way but sometimes......
Re: Can My Ex Change My Non-Biological Son's Name Without My Permission
I know she is trying to do somthing. Is there a place i look to find out if anything is filed. I try to look up court docs but everything on the internet is a link to a place that wants money. How do I find filed public records?
Re: Can My Ex Change My Non-Biological Son's Name Without My Permission
Quote:
Quoting
wantmyson
I know she is trying to do somthing. Is there a place i look to find out if anything is filed. I try to look up court docs but everything on the internet is a link to a place that wants money. How do I find filed public records?
a good old fashioned telephone. Call the court clerk and ask if there has been anything filed regarding your ex or child.
that would be in the family courts, or whatever they are termed in her area.